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Sir Andrew Ramsay of Abbotshall v Miller in Kirkaldy, and Others. [1706] 4 Brn 644 (26 February 1706)
URL: http://www.bailii.org/scot/cases/ScotCS/1706/Brn040644-0137.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Sir Andrew Ramsay of Abbotshall v. Miller in Kirkaldy, and Others
Date: 26 February 1706
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Miller becoming caution to Sir Andrew in a bond of £400, due by Thomas Young, his miller, to him, and being charged thereon, suspends, that, by the 7th Act 1695, he is free, because not pursued within seven years. Answered, —Sir Andrew was minor a part of this time. Replied,—In thir short prescriptions minority neither stops nor is interrupted, unless it be expressed in the Act. Duplied,—Minority is an exception in the common law, and takes always place, unless it be excluded, as it is not here; et inest dejure, except it be discharged.
The Lords, considering the statute was new, and this a neat precise point in law, they continued the decision of it till June next.
